excel parking pcn fine

nikiq41

Hi everyone, i wonder if you have time, if you could please review my appeal below before i submit to POPLA

[FONT=&quot]Car Reg : xxxxx[/FONT]
[FONT=&quot]Location: : xxxxxx[/FONT]
[FONT=&quot]Date of PCN issue : xxxxxx [/FONT]
[FONT=&quot]PCN Number : xxxxxx[/FONT]

[FONT=&quot]POPLA Verification Code: xxxxx[/FONT]



Dear POPLA Assessor,

I am the registered Keeper of the above vehicle and I'm writing this to appeal a charge sent to me by Excel Parking

I would like to appeal this notice on the following grounds:

The charge Excel parking are demanding is an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999. In particular, Schedule 2 of those Regulations gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e) "Terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation." Furthermore, Regulation 5(1) states that: "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer" and 5(2) states: "A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term."

Excel parking claim that i parked in contravention of the terms and conditions.

The notice states that i left the site complex, which is indeed correct. I left for approximately 10 minutes after initially parking at approx 09.50, to collect my debit card from my friend, who works at ASDA House opposite the shopping complex. I then returned to the complex to complete my shopping. I was not aware that i was restricted to staying within the perimeters of the complex. I completed my shopping at approximately 11.15 a.m and returned to my vehicle to find the notice which had been issues at 10.05 a.m. At the time of issue i was indeed shopping in the pets at home store in the crown point shopping complex, 1a junction street.

I appealed to Excel parking, explaining the situation as above. Stating the obvious, that i could not have shopped without my debit card. I also included a receipt of purchase to verify that i did indeed shop in the complex.

I therefore respectfully request that my appeal is upheld and the charge dismissed.

This concludes my appeal.

Thank-you in advance

Kind regards

Redx

in my opinion that will certainly FAIL as its all about what happened and mitigation and bears no resemblance at all to an actual popla appeal

they even tell you on the popla website that mitigation will not be considered

you need to read through this thread for newbies https://forums.moneysavingexpert.com/discussion/4816822

nb:- post #2 gave you a better looking basis for a popla appeal

Guys_Dad

Totally agree. You were given an excellent appeal earlier on , well laid out and containing good appeal points.

Yours is a mess that ignores the winning points and is doomed to failure.

Use the appeal on post #2 as a skeleton, re-read the Newbies thread and try again.

Sorry to appear to be harsh, but better that if it helps you win.

nikiq41

I appreciate your comments and i'm sure you must get frustrated with the constant posts but i have actually spent hours trawling the "newbie" stickys and various other posts etc. To be totally honest the wording of the appeal letter in post 2 on this thread completely confuses me. In my initial appeal to excel parking i didn't ask them to demonstrate a pre estimate of loss, so i cant claim they haven't provided this. They are a legitimate company and own the land so the 3rd and 4th appeal in post 2 doesn't apply. How do i adapt post2 to my case?

Thanks

Redx

doesnt matter what you said in the appeal to the PPC

you use the main appeal points against them at popla, making them prove their case to popla, doesnt matter if you dont understand it or why

I doubt that excel own any land

also, generally speaking your case is irrelevant here as popla will rule on legalities only, not mitigation

you asked for help and were given it, including the good basis for a popla appeal in post #2 , if you wish to ignore the advice so far, that is your choice, but dont come back complaining if your version fails at popla

Coupon-mad

Do you want to win or lose this POPLA appeal? Please trust us!

In my initial appeal to excel parking i didn't ask them to demonstrate a pre estimate of loss, so i cant claim they haven't provided this.

Wrong - you must indeed claim the fact that the charge 'is not a GPEOL'!

They are a legitimate company

LOL!

and own the land

Wrong. Owned by Aviva Investors & the Crown Estate I think:

http://plandocs.leeds.gov.uk/WAM/doc/BackGround%20Papers-648338.pdf?extension=.pdf&id=648338&location=Volume4&contentType=application/octet-stream&pageCount=1

http://completelyretail.co.uk/media/scheme/2794/CR_RW_2794_Crown_Point_Shopping_Park_Leeds_brochure_15.pdf

Took me 5 minutes to Google it and I've never been that far up North!

nikiq41

I came on here to get advice, apologies for not understanding the terminology and legalities of PCN's and POPLA appeals. I'm so glad i provided you with some amusement coupon mad, you just seem to get a kick out of criticising other. Thank-you to those who did try to help. If i lose i lose, that's life.

IamNotAllowedToUseMyName

nikiq41 wrote: »

I came on here to get advice, apologies for not understanding the terminology and legalities of PCN's and POPLA appeals. I'm so glad i provided you with some amusement coupon mad, you just seem to get a kick out of criticising other. Thank-you to those who did try to help. If i lose i lose, that's life.

Coupon wasn't really having a go at you, the point really is that every
jot of information in this forum is saying that these large charges (usually on a par with serious criminal motoring offences) are a scam, yet trying to get decent, law-abiding people to understand that seems to be a Herculean task. So you'll understand that suggesting a parking company that lies to courts, motorists and governments is a legitimate business is going to get a snort of dispairing laughter!

Much of the really helpful information on this forum is written by Coupon so your been massively helped by Coupon though you may not realise it.

Kiss & make up?

Stroma

Put it this way, they are a legitimate company (for now) that scams people out of money, they exist simply because they skirt a grey area in law. They use contract law that is a patchwork of laws going back hundreds of years. If their so called charges were tested at a court high enough to bind their decisions on lower courts like the small claims, it would all fall apart for the lot of them.

You ask advice on here, well you've been given it! I'm sorry but we are a limited amount of people on here trying to help dozens of people everyday, which we do for free! We are not legally trained for the most part, but after dealing with thousands of cases of going to popla and court. We are experts in the field of parking.

If you don't want to take on board what we're offering here, then we can't help you, it's that simple

Coupon-mad

nikiq41 wrote: »

I came on here to get advice, apologies for not understanding the terminology and legalities of PCN's and POPLA appeals. I'm so glad i provided you with some amusement coupon mad, you just seem to get a kick out of criticising other. Thank-you to those who did try to help. If i lose i lose, that's life.

We have tried so hard to tell you how to win at POPLA. Please, just make some changes and win at POPLA - as this guy who owns Excel does not need your money - he is a rich ex-clamper.

Do not send the above POPLA appeal because this is a moneysaving website and fake PCNs are a scam and are so easy to beat. If you simply add that ''the charge is not a genuine pre-estimate of loss'' to what you've got there you would most likely win. Why the heck would you want to lose to Simon-Renshaw-Smith (aka 'Captain Clampit')? Google him.

I was laughing at this bunch being described as 'landowners' and a 'legitimate company' that's all, made me spit my tea out with mirth!

For the avoidance of any doubt - YOU WILL LOSE if that's all you send to POPLA. The point I am making is - why would you let that happen when you are on a forum here where we have 100% winning POPLA words?